When you are on the job, you should feel comfortable. Your employer has the responsibility to maintain a safe and comfortable work environment.
If you are exposed to comments about your identity or sexuality, it could be a form of sexual harassment. You will need to maintain supporting evidence and documentation to back your claim and show that you were the victim of offensive comments.
If you have suffered sexual harassment, you should file a complaint. You do have rights and resources. You should make sure you file a complaint with the proper offices so the problem can be addressed, the harassment can be stopped, others don’t fall victim to the same treatment, and you can also recoup compensation for your damages.
If you are exposed to comments about your sexuality or your identity and it is an ongoing problem, you could be subjected to sexual harassment. Usually, it will have to be a recurring problem for it to be considered sexual harassment.
A one-time offense will often not be viewed as harassment and will be considered a misunderstanding or miscommunication. Evidence and documentation are a necessity.
What to Do if There are Offensive Statements About Your Sexuality
If a coworker has made offensive comments about your sexuality or your sexual identity, tell him or her to stop. Let them know that you find it offensive and you don’t appreciate the remarks.
Your next step will be to report the incident to your employer. To report it to your employer, you should speak with a manager or with human resources. You will want to keep proof showing that you filed your complaint with your employer.
Keep any copies of correspondence concerning your complaint, such as the response from your employer. If the employer tells you not to take action, to ignore the issue, or that there is no problem, you should be sure to document that as well. Jot down all the important details like what was said, who said it, when it was said, and any details about the response. If your employer responds, as they should, they will investigate the matter and ensure that the problem is put to a stop.
If there are repetitive problems, or if you are unable to get the issue resolved with your employer, you will take the next step and file a complaint with the Equal Employment Opportunity Commission (EEOC). Complaint with the EEOC can be filed in writing and sent via mail or it can be filed in person at your nearest EEOC office. You should schedule an in-person interview or talk with an EEOC representative over the phone to determine the validity of your case and the best way to proceed with the claim.
The EEOC will then work to address the matter and try to come to a resolution. The EEOC will then recommend you file a lawsuit against your employer if the matter cannot be resolved or if they believe that the sexual harassment was known about and intentionally allowed to continue.
When you file a lawsuit, you may be able to recover compensation for the damages that you suffered. The EEOC can also levy a fine on the employer, and the more violations that there are, the harsher the punishment.
Enlist the Help of an Employment Law Attorney
If you have been the victim of sexual harassment in the workplace because a coworker has made offensive comments about your sexuality, you may want to talk with an attorney in your area who handles sexual harassment in the workplace cases. An employment law attorney will be familiar with the state and federal laws that apply to your case.
With the help of an attorney, you are may be more likely to have a successful case against your employer. Complete the Free Case Evaluation Form on this page to share the details of your case with an attorney who handles employment law matters in your area. Time to pursue a claim after sexual harassment in the workplace is limited, so don’t wait until it is too late to recoup compensation for the damages you suffered because of the offensive comments made by a coworker at your place of work.
